Mendocino County marijuana convictions can be reversed online

As California becomes the latest state to legalize recreational marijuana, questions now turn to those who have marijuana convictions from previous years.

Proposition 64, the measure that legalized recreational marijuana, allows people to petition the court to clear their records of low-level marijuana offenses. The San Francisco and San Diego District Attorney’s offices recently announced that eligible people would automatically have their past marijuana-related records removed.

Mendocino County District Attorney spokesperson Mike Geniella said that the DA’s office does not have the staff or time to automatically review and process marijuana convictions for all defendants like the big cities. Areas like San Francisco have significantly more resources, making the automatic revisiting process possible.

However, the Mendocino County DA’s office does allow people to go online and fill out a two-page application that asks that their marijuana conviction be removed from the record. The online service is free and saves people from having to spend money on an attorney.

Once people complete the application, they must submit it to the DA’s office. Approximately 80 people have submitted applications since November, and Geniella says the DA’s office has processed most of them. If the applicant qualifies, the DA submits it to the courts to approve.

“We made it clear, because of these Propositions being passed, you are entitled to that,” Geniella said. “But it’s kind of a personal responsibility here; it’s up to you to do this.”

Geniella says there is no set timeline for when an application will be processed and reviewed. Additional distinctions such as environmental damage caused and past criminal behavior unrelated to marijuana can influence decisions.

Because there is no deadline for applications, the DA’s office expects to receive more applications throughout the year. Geniella recognizes that Mendocino County is at the heart of marijuana growing and he says that Mendocino County has always been progressive about marijuana-related prosecutions and handling.

“It’s safe to say that, typically, most will be routinely handled, reviewed, and processed and the records cleared,” Geniella said.

As the laws change, so is the way the DA’s office handles prosecutions. They have begun to shift their focus to environmental related damages as a result of Prop. 64. Geniella says that they will focus on the laws on the books and do their best to adapt to any new laws from the people.

“We are in uncharted territory; this is a significant change,” Geniella said.